of October 14, 2024 No. 616
About approval of separate acts in the sphere of use of auxiliary reproductive technologies
For the purpose of implementation of article 104 of the Law of the Kyrgyz Republic "About protection of public health in the Kyrgyz Republic", according to articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:
1. Approve:
1) the Procedure and conditions of use of auxiliary reproductive technologies according to appendix 1;
2) the Procedure and conditions of use of the procedure of surrogacy according to appendix 2;
3) the Procedure and conditions of donorship of gametes, and also storages and uses of reproductive organs, fabrics and biomaterials according to appendix 3.
2. Declare invalid the order of the Government of the Kyrgyz Republic "About approval of separate acts in the sphere of use of auxiliary reproductive technologies" of July 23, 2018 No. 337.
3. To the Ministry of Health of the Kyrgyz Republic to take the necessary measures following from this resolution.
4. This resolution becomes effective after ten days from the date of official publication.
Chairman of the Cabinet of Ministers of the Kyrgyz Republic
A. Zhaparov
Appendix 1
to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of October 14, 2024 No. 616
1. This Procedure and conditions of use of auxiliary reproductive technologies (further - the Procedure) determines rules of use of auxiliary reproductive technologies in the territory of the Kyrgyz Republic, and also contraindication and restriction to their application.
2. In this Procedure the following concepts are used:
1) azoospermiya - lack of spermatozoa in eyakulyata;
2) infertility - inability of sexually active, not using contraception couple to reach approach of pregnancy within one year;
3) auxiliary reproductive technologies (further - VRT) - methods of treatment of infertility (artificial insemination, artificial insemination and implantation of embryo) in case of which application separate or all stages of conception and early development of embryos are performed out of maternal organism (including with use of donor and/or cryotinned gametes, tissues of reproductive organs and embryos, and also surrogacy);
4) intrauterine artificial insemination - the VRT method assuming stimulation of ovaries of the woman for more active development of ova with the subsequent artificial introduction in cavity of uterus of men's gametes (sperm) for the purpose of fertilization;
5) implantation - method of artificial insemination by introduction in cavity of uterus of the impregnated ovum;
6) implantation of embryo through intratsitoplazmatichesky injection of spermatozoon (further - IKSI) - the VRT method in case of which instead of mixing of spermatozoon and oocyte in laboratory one spermatozoon is entered directly into one mature oocyte;
7) the organization of health care - the public medical specialized agencies and the private medical organizations having the license for rendering services using VRT;
8) gametes - men's gametes (spermatozoa) and female gametes (ova);
9) pre-implantation genetic testing (further - PGT) - method of research of embryos on availability of any violations of genetic nature;
10) reproductive health - the condition of complete physical, mental health and social wellbeing of the person determining its capability to reproduction of posterity;
11) reproductive organs and fabrics - the bodies and fabrics participating in reproduction process, providing continuity and succession of life; the ovum, sperm, ovaries, testicles or embryos, in particular, concern to them;
12) the reproductive rights - the rights of citizens to reproduction of posterity, protection of their reproductive health and free decision making concerning the birth or refusal of the birth of children in scrap or out of scrap, methods of conception and the birth of children, and also on the public, information and advisory assistance in this sphere;
13) surrogacy - type of VRT which includes incubation and the child's birth under the contract between substitute mother and potential parents / the parent;
14) substitute mother - the woman who under the agreement of surrogacy bears and gives birth to the child, not being the carrier of its genotype;
15) authorized body in the field of health care (further - authorized body) - the central executive body performing management and cross-industry coordination in the field of protection of public health of the Kyrgyz Republic, medical and pharmaceutical science, medical and pharmaceutical education, sanitary and epidemiologic wellbeing of the population, drug circulation and medical products, qualities of rendering medical services;
16) extracorporal fertilization (further - EKO) - the VRT method consisting in connection of spermatozoon and ovum out of the woman's organism, development of the embryo formed as a result of this connection and further implantation of this embryo in uterus.
3. The medical care performed by the organizations of health care with use of VRT is the paid, specialized and licensed medical care.
4. The man and the woman who both are consisting, and who are not married have the right to use of auxiliary reproductive technologies in the presence of the mutual informed voluntary assent to medical intervention (further - patients). The woman who is not married also has the right to use of auxiliary reproductive technologies in the presence of its informed voluntary consent to medical intervention.
5. Artificial insemination is performed by the following methods of treatment of infertility applied when implementing separate or all stages of conception and early development of embryo out of organism:
1) intrauterine artificial insemination (further - AI);
2) extracorporal fertilization;
3) implantation of embryo through intratsitoplazmatichesky injection of spermatozoon;
4) implantation of cryotinned embryo.
6. Data on the carried-out artificial insemination are medical secret.
7. Citizens have the right to information on the procedure of artificial insemination, medical and legal aspects of its consequences this medico-genetic inspection of the donor, external data and nationality of the donor.
8. When rendering services using VRT creation of the conditions providing equal opportunities of women and men, including minors in case of realization of their sexual and reproductive rights is provided.
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